Edited by Stephen Tully
Chapter 105: UN: Inernational Convention on the Prevention and Punishment of the Crime of Genocide, 1948
105. UN: International Convention on the Prevention and Punishment of the Crime of Genocide, 1948 Commentary: The Genocide Convention (78 UNTS 277, entry into force 1951) defines the constituent elements of the offence. Businesspersons have been adjudged criminally liable for participating in genocidal acts alongside government officials and civilly liable for incitement to genocide: International Criminal Tribunal for Rwanda (ICTR), The Prosecutor v Clement Kayishema & Obed Ruzindana Case No ICTR-95-1-T (1999); Mushikiwabo & Ors v Barayagwiza 107 ILR 457 (Dist Ct NY 1996). Article 2 In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) (b) (c) (d) (e) Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group; Forcibly transferring children of the group to another group. Article 3 The following acts shall be punishable: (a) (b) (c) (d) (e) Genocide; Conspiracy to commit genocide; Direct and public incitement to commit genocide; Attempt to commit genocide; Complicity in genocide. Article 4 Persons committing genocide or any of the other acts enumerated in article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
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